Kenney v. Wabash R. Co.

BORAH, Circuit Judge.

This action by Robert H. Kenney against the Wabash Railroad Company was brought under the provisions of the Merchant Marine Reemployment Act, as amended, 50 U.S.C.A.Appendix, § 1471 et seq., seeking a judgment ordering his restoration to the position which he formerly held with the defendant railroad. The case was tried by the court without a jury on stipulated facts and plaintiff’s claim to reemployment was rejected and judgment entered dismissing the action. From this adverse judgment Kenney appeals.

The court found that Kenney was employed by the Wabash Railroad Company…